Upper Austria Land Transfer Act
Green Land Transfer in the Federal State of Upper Austria
In Upper Austria, the acquisition of ownership of agricultural and forestry land is generally subject to approval.
The following are exempt from this regulation:
- The acquisition of a property in a free zone
- The transfer of a property to a co-owner, provided that the transfer does not lead to a division.
- The transfer to the spouse, registered partner or life partner
- The transfer of agricultural and forestry land of such a business to close relatives.
- The transfer of agricultural and forestry land if it borders a property of the acquirer. However, only a land area of 1,000m² may be acquired without approval within 10 years.
Acquisitions of ownership are generally to be approved if the public interest in maintaining agriculture or forestry is met and if:
- the creation, preservation and strengthening of an efficient farming community or
- the preservation or creation of economic real estate is met.
Likewise, the legal acquirer must declare that the property will be properly managed.
Grey Land Transfer in the Federal State of Upper Austria
In Upper Austria, the acquisition of building land is only subject to limited approval. In principle, only the acquisition of a secondary residence and/or a property located in a restricted area of the state government is subject to approval. However, there are also exceptions to the approval requirement here.
- The property intended to serve as a secondary residence is located in a secondary residence area.
- Legal acquisitions by close relatives who have been owners of the property for at least 10 years, or
- the property has been used exclusively for secondary residence purposes in the last five years
Foreign Land Transfer in the Federal State of Upper Austria
In Upper Austria, acquisitions of ownership by foreign persons are generally subject to approval. Approval is granted if the legal acquisition would be fundamentally permissible and cultural and socio-political interests as well as public order or security and state-political interests are not impaired.
